Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
Colo. Rev. Stat. § 13-10-113 Fines and penalties
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(1) (a) Except as provided in subsection (1)(b) of this section, any person convicted of violating a municipal ordinance in a municipal court of record may be incarcerated for a period not to exceed three hundred sixty-four days or fined an amount not to exceed two thousand six h…
Colo. Rev. Stat. § 13-10-114 Trial by jury
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(1) In any action before municipal court in which the defendant is entitled to a jury trial by the constitution or the general laws of the state, such party shall have a jury upon request. The jury shall consist of three jurors unless, in the case of a trial for a petty offense, …
Colo. Rev. Stat. § 13-10-114.5 Representation by counsel - independent indigent defense - definitions
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(1) At the time of a defendant’s first out-of-custody appearance in municipal court for a violation for which the municipal code allows for a possible sentence of incarceration in the pending matter, the court shall advise the defendant of the defendant’s right to court-appointed…
Colo. Rev. Stat. § 13-10-115 Fines and costs
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All fines and costs collected or received by the municipal court shall be reported and paid monthly, or at such other intervals as may be provided by an ordinance of the municipality, to the treasurer of the municipality and deposited in the general fund of the municipality. Sour…
Colo. Rev. Stat. § 13-10-115.5 Expungement of juvenile delinquent records - definition
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(1) (a) For the purposes of this section, expungement is defined in section 19-1-103. Upon the entry of an expungement order by a municipal court, the person who is the subject of the expunged record may assert that he or she has no juvenile municipal court record. The person who…
Colo. Rev. Stat. § 13-10-116 Appeals
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(1) Appeals may be taken by any defendant from any judgment of a municipal court which is not a qualified municipal court of record to the county court of the county in which such municipal court is located, and the cause shall be tried de novo in the appellate court. (2) Appeals…
Colo. Rev. Stat. § 13-10-117 Time - docket fee - bond
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Appeals may be taken within fourteen days after entry of any judgment of a municipal court. No appeal shall be allowed until the appellant has paid to the clerk of the municipal court one dollar and fifty cents as a fee for preparing the transcript of record on appeal. If the mun…
Colo. Rev. Stat. § 13-10-118 Notice - scope
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(1) Appeals may be taken by filing with the clerk of the municipal court a notice of appeal, in duplicate. The notice of appeal shall set forth the title of the case; the name and address of the appellant and appellant's attorney, if any; identification of the offense or violatio…
Colo. Rev. Stat. § 13-10-119 Certification to appellate court
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Upon payment of the fee provided in section 13-10-117, and filing of notice as provided in section 13-10-118, the original papers in the municipal court file, together with a transcript of the record of the municipal court, and a duplicate notice of appeal shall be certified to t…
Colo. Rev. Stat. § 13-10-120 Bond - approval of sureties - forfeitures
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(1) When an appellant desires to stay the judgment of the municipal court, he shall execute a bond to the municipality in which the municipal court is located, in such penal sum as may be fixed by the municipal court, and in such form and with sureties qualified as the municipali…
Colo. Rev. Stat. § 13-10-121 Conditions of bond - forfeiture - release
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(1) The bond shall be conditioned that the appellant will duly prosecute such appeal and satisfy any judgment that may be rendered upon trial of the case in the appropriate appellate court to which appeal is taken pursuant to section 13-10-116 and that the appellant will surrende…
Colo. Rev. Stat. § 13-10-122 Docket fee - dismissal
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The appellant shall pay a docket fee as provided by law to the clerk of the appellate court, within fourteen days from the date he or she ordered the transcript of record. If he or she does not do so, his or her appeal may be dismissed on motion of the municipality. Source: L. 69…
Colo. Rev. Stat. § 13-10-123 Procedendo on dismissal
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Upon dismissal of an appeal, the clerk of the appellate court shall at once issue a procedendo to the municipal court from the judgment on which appeal was taken, to the amount of the judgment and all costs incurred before the municipal court. Source: L. 69: p. 278, � 1. C.R.S. 1…
Colo. Rev. Stat. § 13-10-124 Action on bond in name of municipality
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Action may be instituted upon any bond under this article in the name of the municipality in whose favor it is executed. Source: L. 69: p. 278, � 1. C.R.S. 1963: � 37-22-22.
Colo. Rev. Stat. § 13-10-125 Judgment
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Upon trial de novo of the case on appeal to the appellate court, if a jury has been demanded, the duties of the jurors shall be to determine only whether the appellant has violated the ordinance charged. Upon a verdict of guilty, the judge shall then hear and consider any materia…
Colo. Rev. Stat. § 13-10-126 Prostitution offender program authorized - reports
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(1) Subject to the provisions of this section, a municipal or county court, or multiple municipal or county courts, may create and administer a program for certain persons who are charged with soliciting for prostitution, as described in section 18-7-202, C.R.S., patronizing a pr…
Colo. Rev. Stat. § 13-10-127 Failure to appear
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(1) A person's failure to appear in person or by counsel at the place and time specified in the summons or summons and complaint, or failure to appear in person or by counsel on any subsequent date, served upon the person must not form the basis of a municipal criminal charge aga…
Colo. Rev. Stat. § 13-14-100.2 Legislative declaration
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(1) The general assembly hereby finds that the issuance and enforcement of protection orders are of paramount importance in the state of Colorado because protection orders promote safety, reduce violence and other types of abuse, and prevent serious harm and death. In order to im…
Colo. Rev. Stat. § 13-14-101 Definitions
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For purposes of this article 14, unless the context otherwise requires: (1) Abuse of the elderly or of an at-risk adult means mistreatment of a person who is sixty years of age or older or who is an at-risk adult as defined in section 26-3.1-101 (1.5), including but not limited t…
Colo. Rev. Stat. § 13-14-102 Civil protection orders - legislative declaration. (Repealed)
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Source: L. 99: Entire article added, p. 496, � 1, effective July 1. L. 2000: IP(1), (5), and (6) amended, (2.5) added, and (19) repealed, pp. 1012, 1013, �� 4, 5, 6, effective July 1; (16) and (17) amended, p. 1538, � 5, effective July 1. L. 2002: (4) amended, p. 323, � 1, effect…
Colo. Rev. Stat. § 13-14-103 Emergency protection orders
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(1) (a) Any county or district court shall have the authority to enter an emergency protection order pursuant to the provisions of this subsection (1). (b) An emergency protection order issued pursuant to this subsection (1) may include: (I) Restraining a party from contacting, h…
Colo. Rev. Stat. § 13-14-104 Foreign protection orders. (Repealed)
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Source: L. 2004: Entire section added, p. 549, � 3, effective July 1. L. 2013: Entire section repealed, (HB 13-1259), ch. 218, p. 1005, � 9, effective July 1.
Colo. Rev. Stat. § 13-14-104.5 Procedure for temporary civil protection order
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(1) (a) Any municipal court of record, if authorized by the municipal governing body; any county court; and any district, probate, or juvenile court has original concurrent jurisdiction to issue a temporary or permanent civil protection order against an adult or against a juvenil…
Colo. Rev. Stat. § 13-14-105 Provisions relating to civil protection orders
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(1) A municipal court of record that is authorized by its municipal governing body to issue protection or restraining orders and any county court, in connection with issuing a civil protection order, has original concurrent jurisdiction with the district court to include any prov…
Colo. Rev. Stat. § 13-14-105.5 Civil protection orders - prohibition on possessing or purchasing a firearm
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(1) Order requirements. If the court subjects a respondent to a temporary or permanent civil protection order and the court determines on the record after reviewing the petition for the protection order that the protection order includes an act of domestic violence, as defined in…
Colo. Rev. Stat. § 13-14-106 Procedure for permanent civil protection orders
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(1) (a) On the date of the permanent protection order hearing, or on the day to which the hearing has been continued, the judge or magistrate shall examine the record and the evidence. In all cases except those involving sexual violence, if upon the examination the judge or magis…
Colo. Rev. Stat. § 13-14-107 Enforcement of protection order - duties of peace officer
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(1) A person failing to comply with any order of the court issued pursuant to this article is in contempt of court or may be prosecuted for violation of a civil protection order pursuant to section 18-6-803.5, C.R.S. (2) The duties of peace officers enforcing a civil protection o…
Colo. Rev. Stat. § 13-14-108 Modification and termination of civil protection orders
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(1) Any order granted pursuant to section 13-14-105 (1)(c) or (1.5) terminates whenever a subsequent order regarding the same subject matter is granted pursuant to the Uniform Dissolution of Marriage Act, article 10 of title 14; the Uniform Child-custody Jurisdiction and Enforcem…
Colo. Rev. Stat. § 13-14-109 Fees and costs
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(1) (a) The court may assess a filing fee against a petitioner seeking relief pursuant to this article 14; except that the court may not assess a filing fee against a petitioner if the court determines the petitioner is seeking the protection order as a victim of domestic violenc…
Colo. Rev. Stat. § 13-14-110 Foreign protection orders
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(1) Definitions. As used in this section, foreign protection order means any protection or restraining order, injunction, or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity …
Colo. Rev. Stat. § 13-14-111 Transfer of wireless telephone service in domestic abuse cases - definitions
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(1) In addition to the options described in section 13-14-103 (1)(b), as part of a request for a temporary or permanent protection order in a case involving domestic violence, sexual violence, or stalking, the court may enter an order directing a wireless telephone service provid…
Colo. Rev. Stat. § 13-15-101 Petition - proceedings - applicability
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(1) (a) (I) Every person desiring to change the person's own name may present a petition to that effect, verified by affidavit, to the district or county court in the county of the petitioner's residence, except as otherwise provided in subsection (1)(a.5) of this section. The pe…
Colo. Rev. Stat. § 13-15-102 Publication of change
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(1) Public notice of a change of name shall be given at least three times within twenty-one days after the court orders publication pursuant to section 13-15-101 (1.5). The person changing his or her name shall cause such public notice to be given in a newspaper published in the …
Colo. Rev. Stat. § 13-16-101 Security for costs
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(1) In all actions on official bonds for the use of any persons, actions on the bonds of executors, administrators, or guardians, and qui tam actions on any penal statute, the person or plaintiff for whose use the action is to be commenced, before he or she institutes such suit, …
Colo. Rev. Stat. § 13-16-102 Motion to require cost bond
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If an action described in section 13-16-101 (2) is commenced by a nonresident of this state without filing an instrument in writing, or if at any time after the commencement of any suit by a resident of this state he or she shall become nonresident, and the court is satisfied tha…
Colo. Rev. Stat. § 13-16-103 Costs of poor person
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(1) If the judge or justice of any court, including the supreme court, is at any time satisfied that any person is unable to prosecute or defend any civil action or special proceeding because he is a poor person and unable to pay the costs and expenses thereof, the judge or justi…
Colo. Rev. Stat. § 13-16-104 When plaintiff recovers costs
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If any person sues in any court of this state in any action, real, personal, or mixed, or upon any statute for any offense or wrong immediately personal to the plaintiff and recovers any debt or damages in such action, then the plaintiff or demandant shall have judgment to recove…
Colo. Rev. Stat. § 13-16-105 When defendant recovers costs
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If any person sues in any court of record in this state in any action wherein the plaintiff or demandant might have costs in case judgment is given for him and he is nonprossed, suffers a discontinuance, is nonsuited after appearance of the defendant, or a verdict is passed again…
Colo. Rev. Stat. § 13-16-106 Costs in replevin
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Any person making justification or cognizance in replevin, if the same is found for him, or the plaintiff is nonsuited or nonprossed, suffers discontinuance, or is otherwise barred, then such person shall recover his damages and costs against the plaintiff. Source: R.S. p. 155, �…
Colo. Rev. Stat. § 13-16-107 Costs on motion to dismiss
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If, in any action, judgment upon motion to dismiss by either party to the action is given against the plaintiff, the defendant shall recover costs against the plaintiff; if such judgment is given for the plaintiff, he shall recover costs against the defendant. Source: R.S. p. 155…
Colo. Rev. Stat. § 13-16-108 When several matters pleaded
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When any defendant in any action, or plaintiff in replevin, pleads several matters, and any of such matters upon demurrer joined are adjudged insufficient, or if a verdict is found in any issue of the cause for the plaintiff, costs shall be given at the discretion of the court. S…
Colo. Rev. Stat. § 13-16-109 Costs on several counts
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Where there are several counts in any declaration, and any of them are adjudged insufficient, or a verdict on any issue joined thereon is found for the defendant, costs shall be awarded in the discretion of the court. Source: R.S. p. 155, � 9. G.L. � 331. G.S. � 405. R.S. 08: � 1…
Colo. Rev. Stat. § 13-16-110 When several defendants
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Where several persons are made defendants to any action of trespass, assault, false imprisonment, detinue, replevin, trover, or ejectment, and any one or more of them are upon trial acquitted by verdict, every person so acquitted shall recover his costs of suit in like manner as …
Colo. Rev. Stat. § 13-16-111 Recovery of costs of suit
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A plaintiff who obtains judgment or an award of execution in an action brought under subsection (4) or (5) of rule 106 (a), C.R.C.P., shall recover his costs of suit. The defendant shall recover his costs if the action brought under subsection (4) or (5) of rule 106 (a), C.R.C.P.…
Colo. Rev. Stat. § 13-16-112 Number of witness fees taxed
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In no case in the district court shall the fees of more than four witnesses be taxed against the party against whom judgment is given for costs, unless the court certifies on its minutes that more than four witnesses were really necessary, in which case the clerk shall tax the co…
Colo. Rev. Stat. § 13-16-113 Costs upon dismissal or summary judgment
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(1) In all cases where any action is dismissed for irregularity, or is nonprossed or nonsuited by reason that the plaintiff neglects to prosecute the same, the defendant shall have judgment for his costs. (2) In all actions brought as a result of a death or an injury to person or…
Colo. Rev. Stat. § 13-16-114 Costs in equity
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Upon the complainant dismissing his bill in equity or the defendant dismissing the same for want of prosecution, the defendant shall recover against the complainant full costs; and, in all other cases in equity not otherwise directed by law, it is in the discretion of the court t…
Colo. Rev. Stat. § 13-16-115 In suit for use of another
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When any suit is commenced in the name of one person to the use of another, the person to whose use the action is brought shall be held liable and bound for the payment of all costs which the plaintiff may be adjudged or bound to pay, to be recovered by civil action. Source: R.S.…
Colo. Rev. Stat. § 13-16-116 Costs in adverse suit
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In all cases where any person makes an application for a patent to any lode, claim, placer claim, millsite, or other mining property under the mining laws of the United States, and any other person claiming adversely to such applicant files an adverse claim in the proper land off…
Colo. Rev. Stat. § 13-16-117 On appeal from decisions in probate
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In all cases of appeal from the decision of a court of probate, the assessment of costs shall be in the discretion of the court in which such appeal is heard. Source: R.S. p. 156, � 17. G.L. � 339. G.S. � 413. R.S. 08: � 1070. C.L. � 6586. CSA: C. 43, � 16. CRS 53: � 33-1-17. C.R…